ALBANIA. Law No. 8045 of 7 December
1995 on the interruption of pregnancy.(FletorjaZyrtare, No. 26,
December 1995, pp. 1144-1148.)

In
accordance with article 16 of Law No. 7491, dated April 29, 1991 "On the
Main constitutional dispositions", with the proposal of the Council of
Ministers,

People's
Assembly of the Republic
of Albania decided:

Chapter I. General Dispositions

Article
1

The
law guarantees respect of any human being from the beginning of life.
This principle should not be breached, except in cases when it is indispensable
and in circumstances foreseen in this law.

Observance
of this principle, information on problems of life and national demography,
education with social responsibilities, being of child in the society and family
planning are national duties. bodies of central
and local governments realize these duties and encourage any initiative in
favor of their accomplishment.

Article
2

The
law is based on the following principles:

1.
Health services of all levels should use family planning services as a means of
avoiding unwanted pregnancy. Abortion will in no case be considered as a
method of family planning.

2.
A woman has a right to be accurately informed and counselled
prior to the interruption of pregnancy.

3.
In cases when abortion does not contradict provisions of this law, it must be effected in safe conditions for women's health

4.
Women should be provided in all cases with health service for treatment of
eventual complications after abortion.

5.
Family planning counselling and service after
abortion should be immediate with the view of avoiding unwanted pregnancies.

6.
Termination of pregnancy is allowed only when circumstances envisioned in this
law are certified and in any case with agreement of women.

Chapter II. Interruption of Pregnancy

Article
3

Interruption
of pregnancy on request is performed by a physician-specialist,
obstetrician-gynecologist, in public and private health institutions, in
compliance with conditions defined in the pertinent instructions of the
Minister of Health and Environment Protection.

Article
4

The
physician addressed for abortion on request, should inform the woman from the
very first visit about:

2.
Rights, assistance and advantages for family, mother and child as well as
possibilities of adopting children which are to be born, are protected by law.

3.
Institutions and bodies which may offer moral and financial support to women.

4.
Clinics and hospitals performing abortion.

Article
5

The Minister of Health and Environmental Protection shall define
special instructions on the content, design, and distribution of informative
materials provided for in Article 4.

Article
6

In
case a woman, after being informed of provisions contained in article 5,
repeals the request for abortion, she is asked by the physician to confirm her
request in writing. This confirmation is asked at least after seven days
from the first request.

When
possible, in physician and taking the decision on abortion, the husband or
parent participates.

If
the time span of seven days surpasses the periods envisaged in this law, the
physician may decide to reduce it in two days.

Article
7

In
case of confirmation, physician performs abortion in conditions defined in
article 3. When the physician who is addressed is not the one to perform
intervention, the request is given back to the woman, article it by a
certificate on the observance of procedures of articles 4 and 6, to be
presented to the physician who will perform the abortion.

Public
or private institution where a woman is accepted,
should include in her file her request and the certificate for observation of
procedures.

Article
8

In
cases or not matrimonial pregnancies in young girls up to 16 years old, for
abortion consent of the person exercising parental authority or legal
protection is requested.

The
request of the girl should be made not in presence of persons mentioned in the
paragraph above.

To
the newly married young girls provisions of article 7 are applied.

Article
9

Abortion
for medical reason can be made up to the certificate week of pregnancy,
provided a commission of three physicians decides, after examination and
consultation, that continuation of pregnancy and/or childbirth would put
woman's life or health at risk.

When
commission decides that deformity of the fetus is incurable or treatment of
handicap is unsure, the termination of pregnancy can be performed at any time.

The
Minister of Health and Environment Protection defined by a special order cases
of the above-mentioned paragraph of this article, as well as conditions
required for physicians of the commission.

Article
10

In
cases when a woman considers that pregnancy causes psychological and social
problems, abortion on request may be performed up to the end of the 12th week
of pregnancy.

Article
11

Abortion
for social reason can be performed up to the end of the 22nd week, provided a
commission of three specialists, physician, social worker, lawyer, after
examination and consultation decides that pregnancy is result of a rape or
other sexual crime or other social reasons are present.

Instructions
on treatment of such cases and composition of the commission will be given on
the consent of the Minister of Health and Environment Protection.

Article
12

Any
interruption of pregnancy will be subject of a statement confirmed by the
physician performing it and sent by the concerned institution to the Institute of Statistics . Information on abortion is sent by public or
private institution, corresponding appropriate instructions, to the Ministry of
Health and Environment Protection.

Identity
of the woman is not included in the statement or other information.

Article
13

All
counselling women centres
are obliged to provide women requesting abortion with information and counsel
envisaged by this law and other by-law acts for its implementation.

Article
14

In
all cases of termination of pregnancy, the physician performing it is obliged
to inform women of family planning services and advise them about contraceptive
methods offered by the institution where he works and/or other public or
private institutions.

Chapter III. Special Dispositions

Article
15

Any
kind of propaganda or advertisement, direct or indirect, by words or images, on
medicaments or products causing interruption of pregnancy, except those in
scientific publications advertisement for physicians or pharmacists, is
prohibited.

Article
16

No
physician can be imposed to perform abortion against his will.

Article
17

Violation
of provisions foreseen in articles 4, 6, 7, 12, 13, 14 and 16 of this law, when
it is not considered a penal crime, is punished as administrative infringement
with a fine from 50 thousand to 100 thousand leks.

Violation
of provisions envisaged in article 15 is fined up to 100 thousand leks.

Fines
are issued by control bodies appointed by the Minister of Health and
Environment Protection.

Article
18

Appeal
against the control body and the execution of decisions is made in compliance
with the law no. 7697 dated 7.4.1993 "On
Administrative Infringements".

Article
19

The
Council of Ministers approves public tariffs for interruption of pregnancy.

Article
20

All dispositions which are not in conformity with this law become
invalid.

Article
21

This
law shall enter into force 15 days after it has been published in the Official
Journal.